57006 Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Notices 

the BLM manages the public lands and 

inconsistent with section 501(a) of 

FLPMA (43 CFR 2804.26(a)(1) and 

(a)(4)). 

Skull Valley Road 

Eliminating the proposed rail line 

right-of-way application U 76985, the 

second right-of-way application, was 

discussed in Alternatives 3 and 4 of the 

EIS (same basic route using the existing 

Skull Valley Road to the two different 

nearby sites on the Reservation). Rightof-way application U 76986 would 

entail constructing an Intermodal 

Transfer Facility (ITF) and rail siding to 

be built on lands managed by BLM at 

the existing main Union Pacific rail line 

near Timpie, Utah, to transfer SNF 

shipping casks from rail cars to the 

heavy-haul vehicles, which would then 

transport the SNF along the existing 

Skull Valley Road to the site on the 

Reservation. No rail line would be built 

under these alternatives, as the sole 

access is from the Skull Valley Road. 

Skull Valley Road is an undivided, twolane public road, one lane in each 

direction. The BLM issued a right-ofway (U 04240) for this road to the Utah 

State Road Commission on May 17, 

1951. For the BLM’s decisional 

purposes, these alternatives would 

involve the issuance of a right-of-way 

grant authorizing the use of public land 

for the ITF. 

The EIS indicates that these 

alternatives were not selected because 

construction and use of the rail line 

would have advantages over the use of 

the ITF. The ITF requires the use of 

heavy-haul trailers traveling on Skull 

Valley Road at speeds not to exceed 20 

miles per hour. Impacts to local traffic 

would be difficult to mitigate, impacts 

which could be entirely avoided by use 

of the rail line from Skunk Ridge. Also, 

the ITF would involve additional doses 

of radiation incurred by workers 

transferring SNF shipping casks from 

rail cars to heavy-haul vehicles at the 

ITF. This additional dosage would also 

be avoided if the rail option were to be 

used instead of the ITF option. Thus, 

alternatives analyzing intermodal 

transfer facilities were not selected 

because to grant the right-of-way sought 

by PFS in application U 76986 based on 

the existing record would be contrary to 

the public interest (43 CFR 

2804.26(a)(2)). 

To obtain a copy of the Record of 

Decision, send a request to the address 

given in the ADDRESSES section of this 

notice. 

Chad Calvert, 

Acting Assistant Secretary, Land and 

Minerals Management. 

[FR Doc. E6–15734 Filed 9–27–06; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Cape Cod National Seashore; South 

Wellfleet, MA; Cape Cod National 

Seashore Advisory Commission; Two 

Hundred Fifty-Eighth Notice of Meeting 

Notice is hereby given in accordance 

with the Federal Advisory Committee 

Act (Pub. L. 92–463, 86 Stat. 770, 5 

U.S.C. App 1, Section 10), that a 

meeting of the Cape Cod National 

Seashore Advisory Commission will be 

held on September 25, 2006. 

The Commission was reestablished 

pursuant to Public Law 87–126 as 

amended by Public Law 105–280. The 

purpose of the Commission is to consult 

with the Secretary of the Interior, or her 

designee, with respect to matters 

relating to the development of Cape Cod 

National Seashore, and with respect to 

carrying out the provisions of sections 4 

and 5 of the Act establishing the 

Seashore. 

The Commission members will meet 

at 1 p.m. in the meeting room at 

Headquarters, Marconi Station, 

Wellfleet, Massachusetts for the regular 

business meeting to discuss the 

following: 

1. Adoption of Agenda 

2. Approval of Minutes of Previous 

Meeting (April 10, 2006) 

3. Reports of Officers 

4. Reports of Subcommittees 

5. Superintendent’s Report 

Update on Dune Shacks and Report 

ORV’s and Piping Plover nesting 

impact 

Herring River Restoration Project 

Hunting EIS 

Wind Turbines/Cell Towers 

Highlands Center Update 

News from Washington 

6. Old Business 

7. New Business 

8. Date and agenda for next meeting 

9. Public comment and 

10. Adjournment 

The meeting is open to the public. It 

is expected that 15 persons will be able 

to attend the meeting in addition to 

Commission members. 

Interested persons may make oral/ 

written presentations to the Commission 

during the business meeting or file 

written statements. Such requests 

should be made to the park 

superintendent at least seven days prior 

to the meeting. Further information 

concerning the meeting may be obtained 

from the Superintendent, Cape Cod 

National Seashore, 99 Marconi Site 

Road, Wellfleet, MA 02667. 

Dated: August 24, 2006. 

George E. Price, Jr., 

Superintendent. 

[FR Doc. E6–15964 Filed 9–27–06; 8:45 am] 

BILLING CODE 4310–WV–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Flight 93 National Memorial Advisory 

Commission Meeting 

AGENCY: National Park Service, Interior. 

ACTION: Notice of October 7, 2006 

meeting. 

SUMMARY: This notice sets forth the date 

of the October 7, 2006 meeting of the 

Flight 93 Advisory Commission. 

DATES: The public meeting of the 

Advisory Commission will be held on 

Saturday, October 7, 2006 from 3 p.m. 

to 4:30 p.m. Additionally, the 

Commission will attend the Flight 93 

Memorial Task Force meeting the same 

day from 1 p.m. to 2:30 p.m., which is 

also open to the public. 

Location: The meeting will be held at 

the Somerset County Courthouse, 

Courtroom #1; 2nd floor; 111 East Union 

Street, Somerset, Pennsylvania, 15501. 

The Flight 93 Memorial Task Force 

meeting will be held in the same 

location. 

Agenda 

The October 7, 2006 Commission 

meeting will consist of: 

(1) Opening of Meeting and Pledge of 

Allegiance. 

(2) Review and Approval of Minutes 

from July 29, 2006. 

(3) Reports from the Flight 93 

Memorial Task Force and National Park 

Service. Comments from the public will 

be received after each report and/or at 

the end of the meeting. 

(4) Old Business. 

(5) New Business. 

(6) Public Comments. 

(7) Closing Remarks. 

FOR FURTHER INFORMATION CONTACT: 

Joanne M. Hanley, Superintendent, 

Flight 93 National Memorial, 109 West 

Main Street, Somerset, PA 15501, 

814.443.4557. 

SUPPLEMENTARY INFORMATION: The 

meeting will be open to the public. Any 

member of the public may file with the 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Notices 57007 

Commission a written statement 

concerning agenda items. Address all 

statements to: Flight 93 Advisory 

Commission, 109 West Main Street, 

Somerset, PA 15501. 

Dated: August 29, 2006. 

Joanne M. Hanley, 

Superintendent, Flight 93 National Memorial. 

[FR Doc. 06–8334 Filed 9–27–06; 8:45 am] 

BILLING CODE 4312–25–M 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

[Exemption Application No. D–11330] 

Prohibited Transaction Exemption 

2006–13; Grant of Individual 

Exemptions 

AGENCY: Employee Benefits Security 

Administration, Labor. 

ACTION: Grant of individual exemption. 

SUMMARY: This document contains an 

exemption issued by the Department of 

Labor (the Department) from certain of 

the prohibited transaction restrictions of 

the Employee Retirement Income 

Security Act of 1974 (the Act) and/or 

the Internal Revenue Code of 1986 (the 

Code). 

A notice was published in the Federal 

Register of the pendency before the 

Department of a proposal to grant such 

exemption. The notice set forth a 

summary of facts and representations 

contained in the application for 

exemption and referred interested 

persons to the application for a 

complete statement of the facts and 

representations. The application has 

been available for public inspection at 

the Department in Washington, DC. The 

notice also invited interested persons to 

submit comments on the requested 

exemption to the Department. In 

addition the notice stated that any 

interested person might submit a 

written request that a public hearing be 

held (where appropriate). The applicant 

has represented that it has complied 

with the requirements of the notification 

to interested persons. No requests for a 

hearing were received by the 

Department. Public comments were 

received by the Department as described 

in the granted exemption. 

The notice of proposed exemption 

was issued and the exemption is being 

granted solely by the Department 

because, effective December 31, 1978, 

section 102 of Reorganization Plan No. 

4 of 1978, 5 U.S.C. App. 1 (1996), 

transferred the authority of the Secretary 

of the Treasury to issue exemptions of 

the type proposed to the Secretary of 

Labor. 

Statutory Findings 

In accordance with section 408(a) of 

the Act and/or section 4975(c)(2) of the 

Code and the procedures set forth in 29 

CFR Part 2570, Subpart B (55 FR 32836, 

32847, August 10, 1990) and based upon 

the entire record, the Department makes 

the following findings: 

(a) The exemption is administratively 

feasible; 

(b) The exemption is in the interests 

of the plan and its participants and 

beneficiaries; and 

(c) The exemption is protective of the 

rights of the participants and 

beneficiaries of the plan. 

The Young Men’s Christian Association 

Retirement Fund—Retirement Plan (the 

Plan), Located in New York, NY 

[Prohibited Transaction Exemption 2006–13; 

Application No. D–11330] 

Exemption 

Transactions and Conditions 

(a) The restrictions of section 406(a) of 

the Act and the sanctions resulting from 

the application of section 4975 of the 

Code, by reason of section 4975(c)(1)(A) 

through (D) of the Code, shall not apply, 

effective July 1, 2006, to: 

(1) Any arrangement, agreement or 

understanding between The Young 

Men’s Christian Association Retirement 

Fund Retirement Plan (the Plan) and 

any participating employer whose 

employees are covered by the Plan, 

whereby the time is extended for the 

making of a contribution by such a 

participating employer to such Plan, if 

the following conditions are met: 

(i) Prior to entering into such 

arrangement, agreement or 

understanding, the Plan has made, or 

has caused to be made, such reasonable, 

diligent and systematic efforts as are 

appropriate under the circumstances to 

collect such contribution; 

(ii) The terms of such arrangement, 

agreement or understanding are set forth 

in writing and are reasonable under the 

circumstances based on the likelihood 

of collecting such contribution or the 

approximate expenses that would be 

incurred if the Plan continued to 

attempt to collect such contribution 

through means other than such 

arrangement, agreement or 

understanding; 

(iii) Such arrangement, agreement or 

understanding is entered into or 

renewed by the Plan in connection with 

the collection of such contribution and 

for the exclusive purpose of facilitating 

the collection of such contribution; 

(iv) The Plan’s procedures and the 

guidelines to be followed in undertaking 

to collect such contributions are 

described in a notice provided to all the 

employers participating in the Plan. 

This notice details the Plan’s standard 

operating guidelines for the collection of 

late employer contributions (the Notice). 

The Notice provided to all participating 

employers contains the methodology of 

the Plan that applies with respect to the 

determination to extend the time period 

for the making of such delinquent 

contribution or to permit such 

delinquent contribution to be made in 

periodic payments. New participating 

employers will receive the Notice 

within 30 days of signing the written 

participation agreement; and 

(v) The extension of time does not 

apply to any failure of an employer to 

timely remit participant contributions to 

the Plan. 

(2) A determination by the Plan to 

consider a contribution due to the Plan 

from any participating employer any of 

whose employees are covered by the 

Plan as uncollectible and to terminate 

efforts to collect such contribution, if 

the following conditions are met: 

(i) Prior to making such 

determination, the Plan has made, or 

has caused to be made, such reasonable, 

diligent and systematic efforts as are 

appropriate under the circumstances to 

collect such contribution or any part 

thereof; 

(ii) Such determination is set forth in 

writing and is reasonable and 

appropriate based on the likelihood of 

collecting such contribution or the 

approximate expenses that would be 

incurred if the Plan continued to 

attempt to collect such contribution or 

any part thereof; 

(iii) The Notice provided to all 

participating employers, which is 

described in section (a)(1)(iv) above, 

must also contain the methodology used 

by the Plan with respect to the 

determination that the delinquent 

contribution is uncollectible and in 

deciding to terminate efforts to collect 

such contribution; and 

(iv) The determination that the 

contribution is uncollectible and the 

decision to terminate efforts to collect 

such contribution do not apply to any 

failure of an employer to timely remit 

participant contributions to the Plan. 

(b) If an employer any of whose 

employees are covered by the Plan 

enters into an arrangement, agreement 

or understanding with the Plan as 

described in subparagraph (a)(1) with 

respect to the payment of such 

contribution, or if the Plan makes a 

determination described in 

subparagraph (a)(2), such employer 


sroberts on PROD1PC70 with NOTICES